HomeMy WebLinkAboutItem 10 Ordinance Amending SMC to Prohbiit Public Controlled Substance Use
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S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Strengthen Public Safety
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ITEM TITLE: AN ORDINANCE PROHIBITING THE USE OF CONTROLLED SUBSTANCES
ON PUBLIC PROPERTY
ACTION
REQUESTED:
Adopt/not adopt an Ordinance prohibiting the use of controlled substances on public
property that would take effect upon the legislature addressing the underlying
preemption issue (ORS 430.402).
ISSUE
STATEMENT:
The City of Springfield is concerned that the decriminalization aspect of Measure
110 (Drug Addiction and Recovery Act) has negatively impacted the community’s
quality of life and safety and seeks to set a policy of valuing accountability and law
enforcement tools in addition to Measure 110’s health focused approach to
addiction.
ATTACHMENTS: 1: Ordinance
DISCUSSION/
FINANCIAL
IMPACT:
Oregon is experiencing a drug addiction and overdose crisis which has resulted in
death and illness, irrevocable harm to families and individuals, stress on the first
responder system and a decrease in public safety. The City of Springfield recognizes
that it has a role to play in addressing this crisis by implementing tools such as the
newly approved Springfield Municipal Addiction and Rehabilitation and Treatment
Court.
On December 4, 2023, the Springfield City Council adopted a resolution asking the
legislature to modify Measure 110 by reintroducing accountability for drug offenses
while continuing to fund treatment and recovery programs, sobering facilities, and
law enforcement. It further seeks to address this issue by adopting an ordinance
prohibiting drug use on public property. The intent behind the ordinance is to
prevent the general public from the unnecessary risk of exposure to fumes resulting
from smoking dangerous mixtures of drugs as well as fentanyl contaminated drug
paraphernalia and to preserve the safety and quality of life in the City of Springfield
by not allowing people to publicly use illegal drugs.
The ordinance would prohibit drug use on public property similar to the prohibition
of drinking in public. Currently, ORS 430.402 preempts local governments from
prohibiting drug use on public property; therefore, the municipal court code change
would only be effective upon the legislature addressing the preemption. Based on
input from SPD and the City Prosecutor, the ordinance includes a recommended
penalty of a Class B misdemeanor (maximum penalty 180 days jail/$2,500 fine).
The code language prohibition on drinking in public (a violation with a fine only
penalty) has been updated but is otherwise unchanged.
1/29/2024
Regular Meeting
Mary Bridget Smith/CAO
541-744-4061
5 Minutes
PAGE 1 of 3
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (General)
AN ORDINANCE REPEALING AND REPLACING SPRINGFIELD MUNICIPAL CODE
SECTION 5.256 TO ADD A PROHIBITION FOR USE OF CONTROLLED SUBSTANCES ON
PUBLIC PROPERTY
WHEREAS, legislative policy recognizes both alcoholism and drug addiction as diseases, reflecting a
commitment to a health-centered approach to these issues;
WHEREAS, the opioid epidemic, exacerbated by substances like Oxycontin, fentanyl, and counterfeit
fentanyl, frequently involves opioids categorized as controlled substances under ORS 475.005;
WHEREAS, Eugene Springfield Fire has experienced an increase in overdose calls which has stressed
its first responder systems;
WHEREAS, Oregon continues to experience an escalating trend of overdose deaths accentuating the
pressing need for coordinated efforts to restore public health and safety among municipal, county, and
state level governments;
WHEREAS, the public consumption of these controlled substances has subjected the general public to
unnecessary risks through exposure to fumes resulting from smoking dangerous mixtures of drugs and
other substances, as well as the presence of fentanyl-contaminated drug paraphernalia in public areas;
WHEREAS, state law acknowledges the importance of regulating public behaviors, evident in its
prohibition of the public consumption of alcohol and cannabis;
WHEREAS, the possession of alcohol and cannabis is legal in Oregon, and the possession of small
amounts of certain controlled substances has been decriminalized;
WHEREAS, current state law neither prohibits the public consumption of controlled substances, nor
allows local governments to prohibit the public consumption of such drugs, resulting in a regulatory
disparity between alcohol, cannabis, and other controlled substances;
WHEREAS, given the established precedent in regulating the public consumption of substances such
as alcohol and cannabis, it is both reasonable and appropriate to extend such regulations to the public
consumption of controlled substances;
WHEREAS, given the potency and associated dangers of controlled substances, including but not
limited to methamphetamine, cocaine, and fentanyl, and any combination thereof, the public
consumption of these substances should be regulated and carry greater penalties than the
consumption of substances already deemed unlawful for public use, such as alcohol and cannabis;
Attachment 1, Page 1 of 3
PAGE 2 of 3
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Code Section 5.256 is hereby repealed and replaced as
follows:
“5.256 Alcohol and Controlled Substances in Public Places.
(1) No person shall consume controlled substances, as defined in ORS 475.005, on public
property.
(2) No person shall consume alcoholic liquor, as defined in ORS 471.001 on public property.
(3) The prohibition set forth in Subsection (2) does not apply to:
(a) The consumption of alcoholic liquor in sidewalk cafes that have obtained permits
pursuant to Section 7.302 of this Code.
(b) The use of alcohol in street areas licensed for that purpose by the Oregon Liquor
Cannabis Commission and adherence to all relevant Oregon Liquor and Cannabis
Commission guidelines or regulations.
(c) The consumption of medications, as directed by a prescriber, as stipulated in
ORS 414.351.
(4) The term “consume” means the act of imbibing, injecting, ingesting, inhaling, or
otherwise introducing a substance into the human body.
(5) The prohibition set forth in Section (1) will take immediate effect if any of the following
occurs:
(a) The State of Oregon passes a law granting local jurisdictions the power to
regulate public consumption of controlled substances;
(b) A court with appropriate jurisdiction determines that cities can regulate the
public consumption of such substances within their boundaries; or
(c) A regulatory body of the State of Oregon identifies or drafts regulations allowing
implementation.
(6) Penalties
(a) Violation of the offense in Subsection 1 of this section is punishable as Class B
misdemeanor pursuant to SMC section 1.205.
(b) Violation of the offense in Subsection 2 of this section punishable as a violation
and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.”
Section 2. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
Attachment 1, Page 2 of 3
PAGE 3 of 3
Section 3. Effective date of this Ordinance is 30 days after adoption by Council.
ADOPTED by the Common Council of the City of Springfield this ___ day of January, 2024, by a
vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of January, 2024.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 1, Page 3 of 3